MARYLAND. 



499 



Such is the law of the State authorizing and regu- 

 lating said election, and no one can lawfully question 

 the constitutionality of that law until some court of 

 competent authority has declared it unconstitutional. 

 This is a prerogative belonging to our courts alone, 

 and even as a judicial function is the exercise of a 

 power of a grave and delicate character, and only 

 warranted in a clear case. 



I think, therefore, sir, that from this very hasty 

 and imperfect review of our laws upon the subject, 

 you will agree with me in believing that they are en- 

 tirely sufficient, if faithfully executed, as I have every 

 reason to hope they will be, to exclude disloyal voters 

 from the polls. 



The dutv of our Judges of Election is, it seems to 

 me, in this respect clearly defined and adequately 

 enforced. By the Tth section of the Convention act, 

 it is provided that any Judge of Election who shall 

 refuse or neglect to perform anv of the duties re- 

 quired of him by that act, " shall be liable to indict- 

 ment for such o'ffence, and upon conviction thereof 

 shall be deemed guilty of a misdemeanor, and be sen- 

 tenced to a fine of not less than $500, and to impris- 

 onment in the jail of the city or county where such 

 offence may have been committed, for a term of not 

 less than six months." 



In conclusion, permit me to say I shall be at all 

 times pleased to confer with you in all matters con- 

 nected with vour command touching the interests of 

 the people of this State. 



I have the honor to be, with great respect, your 

 obedient servant, . A. W. BRADFORD. 



Unusual care was taken to prevent unsuita- 

 ble persons becoming members of the Conven- 

 tion. In Anne Arundel County, a Mr. E. G. 

 Kilbourn -was nominated as a delegate to the 

 Convention. Gen. "Wallace immediately or- 

 dered certain interrogations to be put to him, 

 which, with his answers, were as follows: 



First question asked : " Where were you born, and 

 how long have vou been a citizen ot the State of Ma- 

 ryland ? T> 



"Answer: "I was born in Fitchbursr. in the State 

 of Massachusetts, and have been a cfiizen of Mary- 

 land since 1829 or 1830." 



Second question asked : " Were you elected to and 

 Speaker of the House of Delegates'that met at Fred- 

 erick, Maryland, April 26, 1861?" 



Answer : "I was." 



Third question asked : " At that session of the 

 General Assembly of the State of Maryland were a 

 series of resolutions offered and assented to explain- 

 ing the relations of Maryland with the Federal Gov- 

 ernment, in which the following language may be 

 found : 



.";ie people of Maryland, -while recognizing the 

 obligations of their State, as a member of ths Union, to sub- 

 mit in good faith to the exercise of all the legal and constitu- 

 tional powers of the General Government, and to join as one 

 man in fighting its authorized battles, do reverence, neverthe- 

 less, the great American principle of self-government, and 

 sympathize deeply with their Southern brethren in their 

 noble and manly determination to uphold and defend the 

 same, 



Xoic, therefore, it is hereby resolved by the General As- 

 sembly of Maryland, That the State of Maryland desires the 

 peaceful and immediate recognition of the "independence of 

 the Confederate States, and hereby gives her cordial consent 

 thereunto, as a member of the Union, entertaining the pro- 

 found conviction that the willing return of the Southern 

 people to their former Federal relations is a thing beyond 

 cope, and that the attempt to coerce them will only add 

 - .iter and hate to impossibility. 



And also a resolution requesting the Representa- 

 tives and Senators of the States of Marvland in the 

 Congress of the United States to urge and vote for an 

 immediate recognition of the independence of the 

 Confederate States, in which may be found the fol- 

 lowing language : 



Be it resolved. That the P.epresentat v^s of the State of 

 Maryland In the Senate of the United States, at the approach- 

 ing extra session of that legislative body be, and they ar 

 hereby, earnestly desired and requested to urge and vote foi 

 an immediate recognition of the independence ofthe Govern- 

 ment of the Confederate States of America. 



Answer : " I am presented with a copy ofthe laws 

 as contained in a volume, marked ' Laws of Mary- 

 land, 1861,' and without being able to state from my 

 memory the fact, the resolutions as copied but in 

 connection with others appear to have been offered 

 and assented to." 



Fourth question asked : " Did you vote for the se- 

 ries of resolutions to ' May 14,' 1861, heretofore cited, 

 ' explaining the relations of Maryland with the Fed- 

 eral Government, and the resolutions requesting the 

 Representatatives and Senators of the State of Marv- 

 land in the Congress ofthe United States to urge and 

 vote for an immediate recognition of the independ- 

 ence ofthe Confederate States?' " 



Answer : By a journal of the proceedings of the 

 House of Delegates I see my name recorded in favor 

 of the series of resolutions assented to on the 14th 

 day of June, and presume I voted as stated in the 

 journal. 



Fifth question asked: Did you vote for the series 

 of resolutions assented to June 20th, in which may 

 be found the following words : 



Resolved, That prudence and policy demand that the war 

 now waged shall cease ; that it' persisted in, it will result in 

 the ruin and destruction of both sections, and a longer con- 

 tinuance of it will utterly annihilate the last hope of a recon- 

 struction of this Union ; therefore we want peace, and are in 

 favor of a recognition of the Southern Confederacy and an 

 acknowledgment of its Government. 



Answer : I have no recollection of the words of the 

 resolution, but presume I voted as stated in the 

 journal of proceedings. 



Sixth question asked : Are you aware that in the 

 law providing for the Convention, for which you 

 have presented yourself as a candidate, the Governor 

 of the State is required to administer an oath to all 

 its members to the following purport : They are re 

 quired to swear that 



They have never, either directly or indirectly, by word, tct 

 or deed, given any aid. comfort, or encouragement to thos in 

 rebellion against the Government of the United States? 



Answer : I state positively that I have not attend- 

 ed any primary meeting or presented myself for elec- 

 tion, and would not take the oath, if elected, as em- 

 bodied in this interrogatory, and therefore would not 

 serve. The reason why I could not take the oath is 

 because of the possible misconstruction of my votes 

 in the Legislature, all of which I gave in full convic- 

 tion that they would promote the peace and happi- 

 ness of the Cnion. 



Seventh question : Should you be elected to the 

 Constitutional Convention of this State, on the 6th 

 of April next, would you take this oath before taking 

 your seat in the Convention? 



Answer : Is o. 



E. G. KILBOURX. 



Witness : MAX WOODHCLL, Ass't Adj't Gen. 



In consequence of this development Mr. Kil- 

 bourn's name was withdrawn from the ticket. 

 The county judges also were extremely careful 

 in conducting their investigations as to the 

 proclivities of voters. In Cecil County they 

 adopted the following particular interrogato- 

 ries for their general guidance. These were 

 recommended for adoption in all the counties : 



QUESTIONS. 



1. Service in the Sebel Army. 



Have you ever served in the Rebel army ? 



2. A i<l to those in armfd Rebellion. 

 Have you ever given aid to the rebellion ? 



Have you never given money to those intending t 

 join the" rebellion? 



